Republic Act No.

7610
Special Protection of Children
Against Child Abuse,
Exploitation and
Discrimination
Definition
 Children - persons below 18 years of age
or those over but are unable to to fully take
care of themselves or protect themselves
from abuse, neglect, cruelty, exploitation
or discrimination because of a physical or
mental disability or condition.
Definition
CHILD ABUSE -Refers to maltreatment, whether habitual
or not, of the child which includes any of the following;

 Psychological and physical abuse, neglect, cruelty,

sexual abuse and emotional maltreatment;
 Any act by deeds or words which debases, degrades
or demeans the intrinsic worth and dignity of a child
as a human being;
 Unreasonable deprivation of his basic needs for
survival, such as food and shelter
 Failure to immediately give medical treatment to an
injured child resulting in serious impairment of his
growth and development or in his permanent
incapacity or death
Offenses Against Children
under RA 7610
 Child Prostitution and other sexual abuse
 Attempt to commit child prostitution
 Child Trafficking
 Attempt to commit child trafficking
 Child pornography and indecent shows and
publication
 Other Acts of Neglect, Abuse, Cruelty or
Exploitation and Other Conditions Prejudicial to
the Child’s Development
Child Prostitution and Other
Sexual Abuse
 Who are deemed to be children exploited in
prostitution and other sexual abuse?
 Children, whether male or female,
 Who for money, profit, or other consideration
or due to coercion or influence of adult,
syndicate or group
 Indulge in sexual intercourse or lascivious
conduct
Child Prostitution and Other
Sexual Abuse
 What is lascivious conduct?
 Means the intentional touching, either directly or through
clothing, of the genitalia, anus, groin, breast, inner thigh, or
buttocks; or any act of lewdness;
 Done with force or intimidation, fraudulent machination or
grave abuse of authority; or where the offended party is
deprived of reason or otherwise unconscious;
 With intent to abuse, humiliate, harass, degrade the child, or
arouse or gratify the sexual desire of any person
 Bestiality, masturbation, lascivious exhibition of the genitals
or pubic area of a person
Child Prostitution and Other
Sexual Abuse
Who may be liable?
 Those who engage in, or promote, facilitate or induce
child prostitution which includes, but are not limited to,
the following:
 acting as a procurer of a child prostitute
 inducing a person to be a client of a child prostitute
 taking advantage of influence or relationship to procure a
child as a prostitute
 threatening or using violence towards a child to engage him
as a prostitute
 giving monetary consideration/pecuniary benefit
 Penalty- Reclusion Temporal med-Reclusion Perpetua
Child Prostitution and Other
Sexual Abuse
 Those who commit the act of sexual intercourse or
lascivious conduct with a child exploited in prostitution or
subjected to other sexual abuse.
 Penalty-same with Art. 335 and 336 of RPC except if
victim is under 12 yrs (Rec.Temp. med)
 Those who derive profit or advantage therefrom -as
manager or owner of the establishment where the
prostitution takes place/establishment serving as cover
or which engages in prostitution other than activity it was
licensed for.
 Penalty-Reclusion Temporal med-Reclusion Perpetua
Attempt to Commit Child
Prostitution
 Any person, not being a relative of a child, is found alone
with the said child inside the room or cubicle of a house,
an inn, hotel, motel, pension house, apartelle or other
similar establishment, vessel, vehicle or any other
hidden or secluded area which would lead a reasonable
person to believe that the child is about to be exploited in
prostitution and other sexual abuse.

 Any person, receiving services from a child in a sauna

parlor or bath, massage clinic, health club and other
similar establishments.
 Penalty- 2 deg.lower than that prescribed for the
consummated felony
Child Trafficking

 Any person who shall engage in trading and

dealing with children including, but not limited to,
the act of buying and selling of a child for
money, or for any other consideration or barter.
 Penalty-Reclusion Temporal-Reclusion
Perpetua. If victim is under 12 years, maximum
period
Attempt to Commit
Child Trafficking
 Allowing a child to travel alone to a foreign country
 Pregnant woman’s execution of affidavit of consent to
adoption of unborn child for consideration
 Recruitment of women or couples for child bearing for
purposes of child trafficking
 Simulation of birth by doctor, hospital, clinic official, etc.
for the purpose of child trafficking
 Finding children among low-income families, hospitals
etc. to sell
 Penalty- 2 deg. Lower from the consummated felony
 Obscene Publication and Indecent
Shows
hire obscene exhibitions live or
employ perform indecent shows in video

use pose/model Obscene publications

pornographic materials
Person persuade child
induce sell pornographic materials
coerce distribute
Penalty- Prision Mayor. If under 12 years, maximum
period.
Obscene Publications and Indecent
Shows:
 Any ascendant, guardian, or person
entrusted in any capacity with care of a
child who shall cause and/or allow such
child to be employed or to participate in an
obscene play, scene, act, movie or show
or in any other acts covered by this section
shall suffer the penalty of Prision Mayor
medium.
 Other Acts of Abuse

 Any person who shall commit any other acts of

child abuse, cruelty or exploitation or be
responsible for other conditions prejudicial to the
child’s development including those covered by Art.
59 of PD 603, but not covered by the Revised
Penal Code
 Penalty- Prision Mayor Minimum
 Other Acts of Abuse

 Any person who shall keep or have in his company a minor,

twelve (12) years or under or who is ten (10) years or more
his junior in any public or private place, hotel, motel, beer
joint, discotheque, cabaret, pension house, sauna or
massage parlor, beach and/or other tourist resort or similar
places.
 Exception: Person related within the fourth degree of
consanguinity or affinity or any bond recognized by law,
local customs and tradition or acts in the performance of a
social, moral or legal duty.
 Penalty- Prision Mayor maximum and fine of not less than
Php 50,000.00.
Other Acts of Abuse
 Any person who shall induce or deliver or offer a minor to
anyone prohibited under R.A. 7610 as above described.
 Penalty-Prison Mayor Medium and fine of not less than Php
50,00.00.
 Any person, owner, manager or one trusted with the
operation of any public or private place of accommodation,
whether for occupancy, food, drink, or otherwise, including
residential places, who allows any person to take along with
him such place or places any minor herein described.
 Penalty-Prison Mayor Medium and fine of not less than Php
50,000.00
Other Acts of Abuse
 Any person who shall use, coerce, force or
intimidate a street child or any other child to:
 beg or use begging as a means of living
 act as conduit or middleman in drug
trafficking or pushing
 conduct any illegal activities.

 Penalty- Prison Correctional Medium-Reclusion Perpetua

Penalties for Specific Crimes
 When victim is under 12 years and for purposes
of this act, the penalties for Murder, Homicide,
other intentional mutilation, Serious Physical
Injuries-Reclusion Perpetua.
 For Qualified Seduction, acts of lasciviousness
with consent, corruption of minors, white slave
trade- one degree higher than that imposed by
law.
 Remedial Procedures

 Who may file a complaint?

 Offended Party

 Parents or Guardians
rd
 Ascendant or collateral relative within 3 degree of
consanguinity
 Officer, social worker or representative of a licensed
child-caring institution
 Officer or social worker of the DSWD

 Barangay Chairman, or

 Three (3) concerned, responsible citizens where the

offense was committed
Duty to Report
 Teachers and administrators in public
schools
 Probation Officers
 Government lawyers
 Barangay officials
 Correction officers and other government
officials and employees whose work
involves dealing with children
 Remedial Procedures
 Protective Custody of the Child
(DSWD will be free from any administrative, civil or criminal
liability)
 Confidentiality
 Name of the offended party withheld from the public until the
court acquires jurisdiction
 Unlawful to cause undue and sensationalized publicity of any
case
 Special Court Proceedings
 Protection of victim from undue publicity (IRR)
records